Effective date: Oct 08, 2024

1. Introduction

These User Terms of Service ("Terms") are between you ("you") and Postman, Inc.
("Postman" or "we") and govern your use of all versions of the Postman software
and services, including the Postman API, Postman AI, and Beta Previews (collectively,
the "Services"), the Postman websites, including but not limited to www.postman.com,
postman.postman.co, blog.postman.com, learning.postman.com, community.postman.com,
and store.getpostman.com (the "Websites"), and your participation in any Postman
research studies.

2. Binding Agreement

By downloading, installing, or using the Services on any computer system, or
by accepting these Terms (either by clicking a box indicating that you accept
these Terms, or by executing an ordering document (“Order”) referencing
these Terms), you acknowledge and agree that you have read, understand, and
agree to be bound by these Terms and you acknowledge that you have read and
understand our Privacy Policy. By purchasing the Service for a fee, you confirm
that you are downloading, installing and using the Services exclusively as a
trader for the purposes of your enterprise.

Postman reserves the right to modify these Terms at its discretion. If Postman
makes any material changes to these Terms, we will notify you, including without
limitation by email or posting a notice on www.postman.com. If you do not agree
to, or cannot comply with, the modified Terms, you must stop using the Services
and Websites. The updated Terms will take effect upon their posting and will
apply on a going-forward basis, unless otherwise provided in a notice to you.
Your continued use of the Services and Websites after any such update constitutes
your acceptance of such changes. Notwithstanding the above in this paragraph,
if you are a consumer with your habitual residence in a Member State of the
European Union or in the United Kingdom, we will notify you reasonably in advance
of any material changes to these Terms, as well as of any content and use policies
we may implement from time to time, by email. You may refuse to accept the new
Terms by waiving the use of the Services as of the effective date of the new
Terms. If you continue using the Services as of the effective date of the new
Terms, you shall be deemed to have accepted the new Terms. We will inform you
of this effect of your continued use of the Services when notifying you of the
respective changes.

If you are agreeing to these Terms not as an individual but on behalf of your
company, government, or other entity for which you are acting (for example,
as an employee or government official) then "you" means your entity and you
are binding your entity to these Terms. If you do not have such authority or
if you do not agree with these Terms, do not accept these Terms and do not use
the Services.

The Services are not intended for and should not be used by anyone under the
age of 13, (or 18 for Users in the European Union), and we do not permit any
Users under 13 (or 18 for Users in the European Union) on our Services. The
term “User” means any individual that Uses the Services (as defined in Section
3 below). Further, you must ensure that all of your Users are at least the age
of majority where you reside to use the Services and/or participate in any research
study.

3. Use of the Services

3.1 Right to Use

Subject to your compliance with these Terms and paying the applicable fees,
Postman grants you a revocable, non-exclusive, non-transferable, non-sublicensable,
limited right to Use* the Services on a subscription basis in executable code
form in accordance with these Terms. Except for the limited rights expressly
set out in these Terms, Postman grants you no other license or right in the
Services. Your rights will end when these Terms are terminated even if there
are terms to the contrary set out elsewhere in these Terms or in other documentation
entered into between Postman and you.

Use, Using or Used means to directly or indirectly activate the processing capabilities
of the Services, load, execute, access, utilize, store, employ the Services,
or display information resulting from such capabilities, including uploading
any Content* or creating or generating any Content by utilizing the capabilities
of the Services.

**Content refers to content featured or displayed through the Services (including
through the Websites), including without limitation code, text, data, articles,
images, photographs, graphics, software, applications, packages, designs, features,
and other materials that are available on the Websites or otherwise available
through the Services. "User-Generated Content" is Content, written or otherwise,
that Users upload into or create by Using the Services. "Your Content" is User-Generated
Content that you or your Users submit to the Services.

The Services include certain code and libraries licensed to us by third parties,
including open source software ("OSS") as listed at here along with the applicable
OSS license. Your right to use such OSS shall be governed by the applicable
OSS license agreement instead of these Terms.

3.2 Postman Account

The Services allow a User to create an individual account ("Account"). The information
you provide to us when you create an Account must be accurate, complete and
current. You also have the obligation to keep your Account information accurate,
complete and current at all times. If any of the information you submit to us
changes, you must promptly update the same.

At any given point in time a single User's Account may only be logged in on
a maximum of three (3) computer systems.

You must keep your Account access credentials safe and secure. You are responsible
for all actions taken through your Accounts. You are required to promptly inform
Postman and modify your Account login credentials or those of a permitted User
if such login credentials are compromised and/or misused/likely to be misused
by a third party to improperly access the Services through your Account. You
also agree that your profile information will be accurate.

3.3 Postman Teams

All versions of the Postman Services may support working collaboratively in teams.

The User who will be responsible for the establishment and management of your
team is referred to as an Admin User. Once your Admin User has created your
Account, they can invite other Users to Use the Services through the "invite"
feature in the Account. The Admin User will be required to provide the name,
email address, and any other information required by Postman for each User.

An Admin User shall be entitled to designate more than one Admin User. Upon
such designation, each new Admin User will be able to do everything that any
other Admin User is permitted to do by the Services and these Terms.

A fee is charged for each User to whom you want to provide the ability to Use
the Services on your behalf. You must not allow any form of time-sharing use,
permit more than one individual to use the same Postman login credentials, or
any other arrangement which bypasses or defeats Postman's system controls designed
to enforce team size limits. Subject to the terms herein, your Admin Users may
add or remove Users from your Account by following relevant instructions set
out in Postman's standard published documentation for the Services. If you exceed
the number of User subscriptions purchased, you may be charged additional fees,
including as set forth in our Auto-Flex Policy.

3.4 The Postman API

Your Account may be accessible via the Postman application programming interface
("Postman API"). Any use of the Postman API, including use of the Postman API
through a third-party product that accesses an Account, the Services or the
Websites is subject to these Terms, including the following:

Excessively frequent requests via the Postman API (in excess of the rate limits
set out at API.postman.com) may result in the temporary or permanent suspension
of your team's access to the Postman API. Postman, in its sole and reasonable
discretion, will determine abuse or excessive usage of the Postman API. Postman
will make a reasonable attempt via email to communicate with the Admin User
prior to suspension.
Postman reserves the right at any time to modify or discontinue, temporarily
or permanently, your access to the Postman API (or any part thereof) with or
without notice. Notwithstanding the above in this paragraph, if you are a consumer
with your habitual residence in a Member State of the European Union or the
United Kingdom, Postman may modify or discontinue, temporarily or permanently,
your access to the Postman API (or any part thereof) with a reasonable prior
written notice provided to you, unless the amendments and discontinuations are
limited to technical evolutions that do not result in an increase in price or
a change in quality and characteristics of the Postman API.
You expressly understand and agree that Postman shall not be liable for any
direct, indirect, incidental, special, consequential or exemplary damages, including
but not limited to, damages for loss of profits, goodwill, use, data or other
intangible losses (even if Postman has been advised of the possibility of such
damages), resulting from your use of the Postman API, including any access to
Your Content via the Postman API. If you are a consumer with your habitual residence
in a Member State of the European Union or in the United Kingdom, Section 11.3.2
shall take precedence over this paragraph 3. above.

3.5 Free Services; Beta Previews

3.5.1. You may receive access to certain products or product features on a free,
fully discounted, and/or trial basis, including products or product features
that are offered on a temporarily “unlimited” basis (collectively with Postman
Power Pass or similar programs and offerings, “Free Services”), or as Beta
Previews. Participation in and/or use of Free Services and Beta Previews are
subject to these Terms and any additional terms specified by Postman, such as
the applicable scope and term of use. "Beta Previews" mean software, services,
or features identified as alpha, beta, preview, early access, or evaluation,
or words or phrases with similar meanings.

3.5.2. At any time, Postman may terminate or modify Your access to and/or use
of (including applicable terms) Postman's Free Services or Beta Previews or
modify Free Services or Beta Previews, with or without any notice, and with
no liability to You. With respect to any such modifications, You must accept
those modifications to continue accessing or using the Free Services or Beta
Previews and, to the extent applicable, Your use of the Beta Previews or Free
Services following such modifications shall constitute Your acceptance of any
such changes. Your use of any Free Service following Postman's notification
to You that You will begin to be charged fees on or after the date upon which
Postman has indicated such Free Service(s) shall no longer be free of charge
or otherwise provided on an unlimited basis, shall constitute Your acceptance
of such Fees. Postman reserves the right to discontinue any Free Service and/or
Beta Preview at any time, with or without notice.

3.5.3 Free Services or Beta Previews may be inoperable, incomplete, or include
errors and bugs or features that Postman may never release, and their features
and performance information are Postmans Confidential Information.

3.5.4 Notwithstanding anything else in this Agreement, to the maximum extent
permitted by Law, Postman provides no warranty, indemnity, service level agreement,
or support for Free Services or Beta Previews and its aggregate liability for
Free Services or Beta Previews is limited to US$100. Postman's security measures
and obligations do not encompass Beta Previews (except to the extent applicable
to the underlying Services), and by using a Beta Preview, You do so at your
own risk.

3.5.5.1 Confidentiality Obligations. You agree that any non-public Beta Preview
information we give you, such as information about a private Beta Preview, will
be considered Postman's confidential information (collectively, "Confidential
Information"), regardless of whether it is marked or identified as such. You
agree to only use such Confidential Information for the express purpose of testing
and evaluating the Beta Preview (the "Purpose"), and not for any other purpose.
You should use the same degree of care as you would with your own confidential
information, but no less than reasonable precautions to prevent any unauthorized
use, disclosure, publication, or dissemination of our Confidential Information.
You promise not to disclose, publish, or disseminate any Confidential Information
to any third party, unless expressly permit such disclosure (for example, you
might be part of a Postman-organized group discussion about a private Beta Preview
feature).

3.5.5.2 Exceptions. Confidential Information will not include information that
is: (a) or becomes publicly available without breach of these Terms through
no act or inaction on your part (such as when a private Beta Preview becomes
a public Beta Preview); (b) known to you before we disclose it to you; (c) independently
developed by you without breach of any confidentiality obligation to us or any
third party; or (d) disclosed with permission from Postman. You will not violate
these Terms if you are required to disclose Confidential Information pursuant
to operation of law, provided Postman has been given reasonable advance written
notice to object, unless prohibited by law.

4. Postman's Proprietary Rights and Non-exclusivity

4.1 The Services are licensed to you and Postman does not sell the Services.
You acknowledge and agree that Postman and its licensors have and retain all
legal right, title and interest in the Services including but not limited to
any ideas, concepts, inventions, systems, platforms, interfaces, patents, utility
models, designs and any other industrial property rights and all improvements
thereto, all registrations, applications, renewals, extensions, continuations,
divisions, or reissues now or in the future, trade marks, trade name rights
and similar rights, copyrights and other rights associated with works of authorship,
tools, utilities, user interface, algorithms, logic, formula, scripts, work
flows, processes, software, methodologies, databases, know-how, trade secrets
and other technology and information including any and all intellectual property
rights that exist therein as well as any tools, features, and functionalities
that leverage artificial intelligence technologies and any resulting usage data,
whether registered or not, and wherever in the world they may exist. As between
you and Postman, Postman shall retain all legal right, title and interest in
the Content, excluding Your Content. Postman reserves all rights in and to the
Services and Content that it does not expressly grant you in these Terms.

Your rights under these Terms are non-exclusive. There is no prohibition or
restriction on Postman to provide the same or similar rights as set out in these
Terms to any other person.

4.2 To the extent such restrictions are permitted under applicable law, scraping,
data mining, extraction, duplication, or copying of any Content or Services,
including but not limited to any ideas, concepts, inventions, utility models,
systems, platforms, interfaces, designs, trade marks, tools, utilities, user
interface, algorithms, logic, formula, scripts, work flows, processes, software,
methodologies, databases, know-how, trade secrets and other technology and information
including any and all intellectual property rights that exist therein, is strictly
prohibited absent explicit authorization and written consent of Postman.

5. Use of Content

5.1 You may create or upload User-Generated Content while using the Services.
You are solely responsible for any User-Generated Content that you post, upload,
link to or otherwise make available via the Services, regardless of the form
of that Content. By uploading User-Generated Content while using the Services,
you represent and warrant that you have all necessary rights to submit the User-Generated
Content and that the User-Generated Content is, to your knowledge, accurate,
and not in violation of any applicable laws, contractual restrictions or other
third party rights, including without limitation intellectual property rights
or privacy-related rights of any person or entity. You also agree that your
profile information will be accurate. We are not responsible for any public
display or misuse of your User-Generated Content.

5.2 We have the right to refuse or remove any Content that, in our sole and
reasonable discretion, violates any laws or these Terms of Service.

5.3 You retain ownership of and responsibility for Your Content. Because you
retain ownership of and responsibility for Your Content, we need you to grant
us —and other Users— certain legal permissions listed in Sections 5.4 -
5.6. These license grants apply to Your Content. You understand that you will
not receive any payment for any of the rights granted in Sections 5.4 - 5.6.
The licenses you grant to us and our Users will end when you remove Your Content
from our servers, unless other Users have forked it, in which case the licenses
will continue until all such Users have removed the Content from our servers.

5.4 We need the legal right to do things like host Your Content, publish it,
and share it. You grant us and our legal successors the non-exclusive, worldwide,
royalty-free, sub-licensable, transferrable right to reproduce, store, archive,
parse, display, represent perform and make available to the public (wired or
wireless) Your Content, and make incidental copies, as necessary to provide
the Services, including improving the Services over time, and to detect, prevent,
and respond to security issues and violations of Services policies. This license
does not grant Postman the right to sell Your Content. Postman shall not otherwise
distribute or use Your Content outside of our provision of the Services, but
we may release Your Content when we believe release is appropriate to comply
with the law, enforce our policies, or protect ours or others' rights, property,
or safety.

5.5 Any User-Generated Content you post publicly, including issues, comments,
and contributions to other Users' workspaces, may be viewed by others. By making
your workspace, collections, or documentation public, you agree to allow others
to view and "fork" your APIs, collections, environments, mocks, monitors, and
other linked entities because they become publicly accessible through your workspace,
collections, or documentation. This means that others may make their own copies
of Content from your workspaces, collections, or documentation in workspaces
they control. If you set any of your workspaces, collections, documentation
and/or entities to be viewed publicly, you grant each User of Postman a non-exclusive,
worldwide, royalty-free license to copy, use, display, represent, perform and
make available to the public (wired or wireless) Your Content through the Services
and to reproduce such Content solely on the Services as permitted through the
Services' functionality (for example, through forking). You are responsible
for ensuring that you do not accidentally make any private User-Generated Content,
workspaces, collections, documentation, secrets, or other sensitive data publicly
available. If such data is made publicly available, Postman may remove it. Any
User-Generated Content made public will be publicly accessible through the internet
and may be crawled and indexed by search engines. To the extent such restrictions
are authorized by applicable law, scraping, data mining, extraction, duplicating
or copying of User-Generated Content, including through AI and other automated
programs or bots, or for the purposes of creating AI applications or bots, is
strictly prohibited outside of the Services without the authorization of the
owner of the workspace in which the User-Generated Content is hosted.

5.6 You retain all moral rights to Your Content that you upload, publish, or
submit to any part of the Service, including the rights of integrity and attribution.
However, to the extent permitted under applicable law, you waive these rights
and agree not to assert them against us, to enable us to reasonably exercise
the rights granted in Sections 5.4 and 5.5, but not otherwise. To the extent
the foregoing is not enforceable under applicable law, you grant Postman the
rights we need to use Your Content without attribution and to make reasonable
adaptations of Your Content as necessary to render the Postman Websites and
provide the Services.

5.7 Storage of Content. Postman provides you the ability to store all or part
of Your Content on the Server*. If you use the storage functionality to store
Your Content, you will be deemed to have accepted all the conditions in these
Terms relating to such functionality.

*Server means the storage server and such other hardware and software resources
of Postman that are used to host and store the Services and Content. Content
is shared and made available for editing, modifying or downloading entirely
at the risk of your Users and you. The sharing and enabling of editing/modification
rights to Your Content is entirely within the control of your Users and Postman
will not have any liability whatsoever to anyone associated with your Account
(including your employer) if Your Content suffers loss or damage or retardation
of functionality or is misappropriated pursuant to such sharing.

6. Personal Information

Your Use of the Services does not require any personally identifiable information
to be uploaded into or included in the Services except to the extent set forth
in this paragraph. You hereby acknowledge that Postman will collect, use, store
and process email address(es), IP addresses from which you access the Services
and other login or authentication credentials from both your Users and you in
order to ensure that your Users and you have proper access to the Services and
to resolve any issues you may encounter while Using the Services. This information
may be considered personal data or personal information under the laws of the
jurisdiction from which you access and Use the Services. Postman shall collect,
use, store and/or process this information only for the purposes listed herein
and in our Privacy Policy, which you acknowledge. Unless otherwise required
by applicable law, upon termination of these Terms, any information provided
by you for creation of your Account will be deleted by us from our records within
a reasonable period of time following such termination, normally within six
months after such termination.

Postman may collect certain data and information from you in connection with
your use of the Services and otherwise in connection with these Terms. All such
data and information will be collected and used by Postman in accordance with
our Privacy Policy.

7. Fees and Payment

7.1 Fees

Your use of the Services is subject to you paying the fees applicable to the
Services plan selected and/or used by you ("Subscription Fee"). Postman's pricing
for Subscription Fees, permitted usage, and available features for each Services
plan are listed at postman.com/pricing (the "Pricing").

You will pay all fees in United States Dollars per the payment terms on an Order
or otherwise agreed at the time of purchase. The amount of fees payable by you
shall vary depending upon the number of Users and the period for which you are
authorized to Use the Services ("Subscription Term"). Payment obligations are
non-cancelable and, except as expressly stated in these Terms, fees paid are
non-refundable. In making payment, you acknowledge that you are downloading,
installing and using the Services only as a trader for the purposes of your
enterprise and that you are not relying on being able to Use the Services beyond
the Subscription Term or on the availability of any future enhancements or upgrades.
If you fail to pay any fees on time, Postman or as applicable, its reseller
("Reseller") reserves the right, in addition to taking any other action at law
or equity, to (i) charge interest on past due amounts at 1.0% per month or the
highest or minimum interest rate allowed by law, whichever is less, and to charge
all expenses of recovery, and (ii) suspend or terminate the applicable Services.
If you add Users during a Subscription Term, such subscriptions will be billed
at the then-current rate listed in the Pricing for your Services plan or as
applicable, as agreed to between you and the Reseller, and shall be co-termed
through the end of the applicable Subscription Term, as further described in
our Auto-Flex Policy. If you make any purchases through a Reseller, you owe
payment to the Reseller as agreed between you and the Reseller, but you acknowledge
that we may terminate your right to Use the Services if we do not receive our
corresponding payment from the Reseller.

Except as otherwise specified in an Order, all subscriptions will automatically
renew for periods equal to your initial Subscription Term (and you will be charged
at the then-current rates set forth in the Pricing or as applicable, the Reseller's
pricing) unless you cancel auto-renewal of your subscription through your Account
at least thirty (30) days prior to the end of the then-current Subscription
Term. If you cancel auto-renewal, your subscription will terminate at the end
of then-current billing cycle, or immediately if you so choose, however you
will not be entitled to any credits or refunds for amounts accrued or paid prior
to such termination. Additionally, cancellation of our relationship requires
a written notice of termination to be provided by You, regardless of auto-renewal
status, at least thirty (30) days prior to the end of the then-current Subscription
Term.

7.2 Taxes

Our fees are exclusive of all taxes that are payable in respect of the Services
or its Use in the jurisdiction in which the payment is either made or received
("Taxes"). To the extent that any Taxes may be payable, you must pay Postman
or as applicable, the Reseller, the amount of such Taxes in addition to any
Subscription Fees owed by you hereunder. Any applicable tax-exempt certificates
must be provided to Postman, who will make reasonable efforts to provide you
with such invoicing documents as may enable you to seek an applicable refund
or credit for the amount of Taxes so paid from any relevant revenue authority.

7.3 Payment by Credit Card

When you purchase a subscription ("Purchase") from Postman, you expressly authorize
Postman (or our third party payment processor) to charge you the Subscription
Fee (at the then-current Pricing) and Taxes, as follows: (i) monthly in advance
for monthly plans, (ii) annually in advance for annual plans, and (iii) in accordance
with the Auto-Flex Policy for additional Users you add during an existing Subscription
Term. Subscription Fees are subject to change, although Postman will notify
you in advance of any such change.

Postman may ask you to supply additional information relevant to your Purchase,
including your credit card number and expiration date, and your billing address
(such information, "Payment Information"). You represent and warrant that you
have the legal right to use all payment method(s) represented by any such Payment
Information. When you initiate a Purchase, you authorize Postman to provide
your Payment Information to our third party service providers so Postman can
complete your Purchase and to charge your payment method for the type of Purchase
you have selected (plus any Taxes and other applicable charges).

7.4 Authorization for Recurring Payments

By agreeing to these Terms and purchasing a subscription, you acknowledge that
your subscription has recurring payment features and you accept responsibility
for all recurring payment obligations prior to cancellation or termination of
your subscription by you or Postman. Postman or the Reseller (or our third party
payment processor) will automatically charge you in accordance with your Subscription
Term (e.g., each month or year), on the calendar day corresponding to the commencement
of your Subscription Term, using the Payment Information you have provided.
In the event your Subscription Term begins on a day not contained in a given
month, your payment method will be charged on such other day as we deem appropriate.
For example, if you started a monthly subscription on January 31st, your next
payment date is likely to be February 28th, and your payment method would be
billed on that date. Your subscription continues until cancelled by you or Postman
terminates your access to or use of the Services or the subscription in accordance
with these Terms. You will pay all fees in United States Dollars per the payment
terms on an Order or as otherwise agreed at the time of purchase.

8. Restrictions

You and your Users shall not:

Use the Services for any illegal purpose or in a manner that violates any law
or rights of any other person;
    Permit Use of the Services in a manner not authorized by these Terms;
Disassemble, decompile, unlock, reverse engineer, or decode the Services, unless
and to the extent this cannot be restricted under mandatory law;
Unless otherwise authorized by Postman in writing, re-sell, grant any rights
under these Terms to any third party or lease, time-share, lend or rent Services;
Scrape, data mine, extract, duplicate or otherwise copy any features, functions
or user interfaces of the Services or Content without authorization, unless
and to the extent this cannot be restricted under mandatory law;
Use our Services and/or Content for the purposes of developing AI applications
and bots.
Engage in activities that degrade, overburden, interfere with or restrict the
use and operation of the Services, including by sending or receiving excessive
data transfers or requests, scraping, or engaging in denial of service attacks
or similar activities;
Introduce any malicious code, virus, malware, or any other material that disrupts,
slows down or causes the Services to malfunction;
Upload or generate any Content that is unlawful, harassing, threatening, harmful,
tortious, defamatory, libelous, abusive, violent, obscene, vulgar, infringing
of another's rights or invasive of another's privacy, hateful, racially or ethnically
offensive, or otherwise objectionable;
    Upload any Sensitive Personal Information* into the Services;
    Use the Services in connection with spam;
Use information from the Services (whether collected through the Postman API
or obtained otherwise) for spamming purposes, including for the purposes of
sending unsolicited emails to users or selling personal information, such as
to recruiters, headhunters, and job boards; or
use the Postman AI (i) to develop data sets, foundation models, or other large
scale models that may compete with Postman or the Postman AI; (ii) to mislead
any person or imply that Output generated using the Postman AI is unique or
solely human generated; (iii) in a manner which violates each respective Sub-Processor's
terms or codes of conduct, or any content and use policies we may implement
from time to time; (iv) to generate spam or content for dissemination in an
unlawful manner; or (v) in a way that violates the restrictions herein or outlined
in the MSA (as applicable).

Misuse of User personal information is prohibited. Any person, entity, or service
collecting data from the Services must comply with our Privacy Policy, particularly
in regards to the collection of personal information. If you collect any personal
information from the Services, you agree that you will only use that personal
information for the purpose for which that User has authorized it. You agree
that you will reasonably secure any personal information you have gathered from
the Services, and you will respond promptly to complaints, removal requests,
and "do not contact" requests from us or other Users.

*Sensitive Personal Information means any (i) special categories of personal
data enumerated in Article 9(1) of European Union Regulation 2016/679 (GDPR),
or any successor legislation, and its/their equivalent in the United Kingdom;
(ii) patient, medical or other protected health information regulated by the
Health Insurance Portability and Accountability Act (HIPAA); (iii) credit, debit
or other payment card data subject to PCI DSS; (iv) other personal information
subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley
Act (GLBA) (or related rules or regulations); (v) social security numbers, driver's
license numbers or other government ID numbers; or (vi) any data similar to
the foregoing that is protected under foreign or domestic laws or regulations

9. Additional Features

9.1 Postman shall from time to time release additional features of the Services.
Use of these features may be subject to payment of fees and other terms as prescribed
by Postman. To use such additional features in the Services, you are required
to abide by such additional terms and pay fees, as applicable.

9.2 Artificial Intelligence The Services include features that allow Users the
option to use third party artificial intelligence (AI) software and applications
within your workspace. By using our AI features you consent to the use of artificial
intelligence through our platform, and do so at your own risk. Personal Information
and other Confidential Information should not be uploaded or otherwise submitted
in developing scripts through the AI features.

Use of Postman AI is governed by our AI Terms.

10. Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR
SOLE RISK AND THAT THE SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FUNCTIONALITY, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST
EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION
OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST
PERIOD PERMITTED BY LAW. POSTMAN DOES NOT WARRANT THAT THE SERVICES OR CONTENT
WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SERVICES OR THE CONTENT
WILL BE SECURE, ERROR FREE, VIRUS FREE OR UNINTERRUPTED, THAT ANY CONTENT WILL
BE ACCURATE OR RELIABLE, THAT ANY CONTENT WILL NOT BE LOST OR CORRUPTED, OR
THAT IT WILL BE ABLE TO RECTIFY/REMEDY ANY ERRORS OR DEFECT.

POSTMAN HAS NO CONTROL OVER THE CONTENT USED, UPLOADED OR GENERATED BY YOU IN
YOUR USE OF THE SERVICES. POSTMAN UNDERTAKES NO RESPONSIBILITY FOR ANY LOSS
THAT YOU OR ANY OTHER PERSON MAY SUFFER DUE TO ANY CONTENT USED, UPLOADED OR
GENERATED BY YOUR USE OF THE SERVICES. POSTMAN HAS NO CONTROL OVER THE USE THAT
ANY THIRD PARTY MAY PUT TO ANY CONTENT THAT IS SHARED BY YOU ON THE SERVICES.
POSTMAN ASSUMES NO RESPONSIBILITY FOR ANY LOSS THAT YOU OR ANY THIRD PARTY MAY
SUFFER DUE TO ANY CONTENT USED OR SHARED BY YOU USING THE SERVICES, UNLESS IT
RESULTS FROM A BREACH BY POSTMAN OF ONE OF ITS OBLIGATIONS.

POSTMAN SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER
PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR
OTHER SYSTEMS OUTSIDE POSTMAN'S REASONABLE CONTROL, UNLESS IT RESULTS FROM A
BREACH BY POSTMAN OF ONE OF ITS OBLIGATIONS.

11. Indemnity and Liability

11.1 Indemnification by Postman

Postman will defend you from any claim made by a third party that the Services
infringe or misappropriate any copyright, trade secret, patent, or trademark
right of that third party (a "Claim"), and we will indemnify you and hold you
harmless against any damages and costs finally awarded by a court of competent
jurisdiction or agreed to in a settlement by Postman (including reasonable attorneys'
fees) arising out of a Claim, provided that we have received from you: (a) prompt
written notice of the Claim (but in any event notice in sufficient time for
us to respond without prejudice); (b) reasonable assistance in the defense and
investigation of the Claim, including providing us a copy of the Claim and all
relevant evidence in your possession or control; and (c) the exclusive right
to control and direct the investigation, defense, and settlement (if applicable)
of the Claim, provided that we will not settle any Claim unless the settlement
unconditionally releases you of all liability. Use of the Services is (or in
our opinion is likely to be) enjoined, if required by settlement, or if we determine
such actions are reasonably necessary to avoid material liability, we may, at
our option and in our discretion: (i) procure a license for your continued Use
of the Services in accordance with these Terms; (ii) substitute a substantially
functionally similar Service; or (iii) terminate your right to continue using
the Services and refund any prepaid, unused Subscription Fees applicable to
the remaining portion of your Subscription Term. Postman's indemnification obligations
above do not apply: (1) to any Services provided to you free of charge, (2)
if the Services are modified by any party other than Postman, but solely to
the extent the alleged infringement is caused by such modification; (3) if the
Services are used in combination with any non-Postman product, software or equipment,
but solely to the extent the alleged infringement is caused by such combination;
(4) to unauthorized use of the Services; (5) to any Content or any Claim arising
as a result of Content; or (6) if you settle or make any admissions with respect
to a Claim without Postman's prior written consent. TO THE EXTENT THE ABOVE
INDEMNIFICATION APPLIES, THIS SECTION 11.1 (INDEMNIFICATION BY POSTMAN) STATES
OUR SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM OF INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS IN CONNECTION WITH ANY SERVICES, CONTENT OR OTHER
ITEMS PROVIDED BY POSTMAN UNDER THESE TERMS.

11.2 Indemnification by You

You will defend Postman from any claim made by a third party in connection with
any Content uploaded or generated by you or your Users in your Use of the Services,
and you will indemnify and hold Postman harmless against any damages and costs
finally awarded by a court of competent jurisdiction or agreed to in a settlement
by you (including reasonable attorneys' fees) arising out of such a claim, provided
that you have received from us: (a) prompt written notice of the claim (but
in any event notice in sufficient time for you to respond without prejudice);
(b) reasonable assistance in the defense and investigation of the claim, including
providing you a copy of the claim and all relevant evidence in our possession
or control (at your request and expense); and (c) the exclusive right to control
and direct the investigation, defense, and settlement (if applicable) of the
claim, provided that you may not settle any claim unless the settlement unconditionally
releases Postman of all liability.

The above paragraph is not applicable if you are a consumer with your habitual
residence in a Member State of the European Union or the United Kingdom.

11.3 Limitation of Liability

11.3.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT POSTMAN, ITS REPRESENTATIVES,
AND LICENSORS SHALL TO THE EXTENT PERMITTED BY APPLICABLE MANDATORY LAW NOT
BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY LOSS OF CONTENT, LOSS
OF USE, FAILURE OF SECURITY MECHANISMS, BUSINESS INTERRUPTION, LOSS OF INCOME
OR PROFIT, OR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY LOSS
OR DAMAGES THAT MAY BE INCURRED BY YOU ARISING OUT OF OR RELATED TO THESE TERMS
OR THE SERVICES OR CONTENT, WHETHER OR NOT POSTMAN OR ITS REPRESENTATIVES HAVE
BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES
ARISING. EXCEPT IN THE CASE OF YOUR VIOLATION OF THE RESTRICTIONS IN SECTION
8, NEITHER PARTY'S LIABILITY TO THE OTHER SHALL EXCEED THE FEES PAID BY YOU
TO POSTMAN IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE
CLAIM. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, POSTMAN'S AGGREGATE
LIABILITY TO YOU AS IT RELATES TO (I) SERVICES THAT ARE FREE OF CHARGE AND/OR
(II) RESEARCH STUDIES SHALL NOT EXCEED USD 50.

11.3.2 NOTWITHSTANDING ANY OTHER PROVISIONS IN THESE TERMS, IF YOU ARE A CONSUMER
WITH YOUR HABITUAL RESIDENCE IN A MEMBER STATE OF THE EUROPEAN UNION OR IN THE
UNITED KINGDOM, POSTMAN IS LIABLE IN ACCORDANCE WITH THE STATUTORY PROVISIONS
OR COMMON LAW (AS APPLICABLE) FOR DAMAGES CAUSED BY POSTMAN THROUGH FRAUD, WILLFUL
INTENT OR GROSS NEGLIGENCE. IN THE CASE OF SIMPLE NEGLIGENCE, TO THE EXTENT
SUCH LIMITATION IS PERMISSIBLE UNDER APPLICABLE LAW, POSTMAN IS ONLY LIABLE
IN THE EVENT OF A BREACH OF AN ESSENTIAL CONTRACTUAL OBLIGATION AND ONLY FOR
FORESEEABLE AND TYPICAL DAMAGES. ESSENTIAL CONTRACTUAL OBLIGATIONS ARE THOSE
OF WHICH FULFILLMENT IS ESSENTIAL FOR THE PROPER RENDERING OF THE SERVICES.
THE LIMITATIONS OF LIABILITY DO NOT APPLY TO DAMAGES FOR DEATH OR PERSONAL INJURY,
WILLFUL INTENT OR GROSS NEGLIGENCE NOR TO DAMAGES RESULTING FROM PRODUCT LIABILITY
OR ANY OTHER MATTER IN RESPECT OF WHICH IT WOULD BE UNLAWFUL FOR US TO EXCLUDE
OR RESTRICT OUR LIABILITY.

12. Termination and Take-Down

Postman will not terminate these Terms except as set out in this section below.
Should you wish to terminate these Terms, you are required to provide 14 days'
notice to Postman by sending an email with subject line "Services Termination"
to help@postman.com and specifically mention the Services you are Using.

Postman has the right to terminate these Terms, if (i) you have breached any
term in these Terms, (ii) it is required to do so under law, or (iii) Postman
decides to discontinue the Services, subject to giving 14 days' notice. Notwithstanding
the above, Postman has the right to terminate the Terms for convenience at any
time, subject to giving 14 days' prior notice.

If Postman receives a take-down request for any of Your Content, it shall take
reasonable steps to determine the basis for such notice. If Postman concludes
that it is legally obligated to comply with such request or that it is appropriate
for Postman to comply with such request, it may, in its sole and absolute discretion
(or, if you have your habitual residence in a Member State of the European Union,
based on reasonable criteria), remove such Content as set out in the policies
on the Legal portion of www.postman.com. Postman will not have any liability
to you as result of taking down Content in accordance with this Section 12,
unless it results from a breach by Postman of one of its obligations.

13. Publicity Rights

We may identify you as a Postman customer in our promotional materials subject
to our Privacy Policy. You may request that we stop doing so by submitting an
email to sales@postman.com at any time.

14. General Terms

These Terms constitute the entire agreement between you and Postman regarding
your Use of the Services, and supersedes all prior agreements (written or oral)
between you and Postman in relation to the Services. You agree that any term
or condition stated in your purchase order or in any other order documentation
(excluding Postman forms) is void. In the event of any conflict or inconsistency
among the following documents, the order of precedence shall be: (1) the applicable
Order, and (2) these Terms.

You must keep all information received by you from Postman in relation to the
Services or otherwise, strictly confidential. You are not permitted to share
such information with any third party without prior written permission of Postman.

You agree that if Postman does not exercise or enforce any legal right or remedy
which is contained in these Terms (or which Postman has the benefit of under
any applicable law), this will not be taken to be a formal waiver of Postman's
rights and that those rights or remedies will still be available to Postman.

If any court of law, having the jurisdiction to decide on this matter, rules
that any provision of these Terms is invalid, then that provision shall be deemed
removed from these Terms without affecting the rest of the Terms. The remaining
provisions of these Terms will continue to be valid and enforceable.

The rights granted in these Terms may not be assigned or transferred by you
without the prior written approval of Postman. You are not permitted to delegate
your responsibilities or obligations under these Terms without the prior written
approval of Postman. Postman is entitled to assign, transfer or delegate any
right, responsibility, duty or obligation under these Terms. If you are a consumer
with your habitual residence in a Member State of the European Union or the
United Kingdom, we don't need your agreement for an assignment, transfer or
delegation provided that your rights under these Terms aren't affected.

The Terms apply whether you purchase our Services directly from Postman or through
a Reseller. Resellers are not authorized to make any promises or commitments
on Postman's behalf, and we are not bound by any obligations to you other than
what we specify in these Terms unless required by applicable mandatory law.

We're always trying to improve Services, and your feedback as a User (including
Beta Previews) will help us do that. If you choose to give us any ideas, know-how,
algorithms, code contributions, suggestions, enhancement requests, recommendations
or any other feedback for our Services (collectively, "Feedback"), you acknowledge
and agree that Postman will have a royalty-free, fully paid-up, worldwide, transferable,
sub-licensable, irrevocable and perpetual license to reproduce, copy, implement,
use, distribute, modify, commercially exploit, rent and lend, represent, perform,
make available to the public (wired or wireless) and/or incorporate the Feedback
into our Services and documentation. Please send any Feedback that you have
for the Services to help@postman.com.

The Services are subject to export restrictions by the United States government
and may be subject to import restrictions by certain foreign governments. You
agree to comply with all applicable export and import laws and regulations in
your access to, use of, and download of the Services (or any part thereof).
You represent and warrant that (i) you are not located in, under the control
of, or a national or resident of any such prohibited country and (ii) none of
Your Content is controlled under the U.S. International Traffic in Arms Regulations
or similar Laws in other jurisdictions. You also certify that you are not a
Prohibited Person nor owned, controlled by, or acting on behalf of a Prohibited
Person. You agree not to use or provide the Services for any prohibited end
use, including to support any nuclear, chemical, or biological weapons proliferation,
or missile technology, or to a military end-user or for a military end-use in
China, Russia or Venezuela, without the prior permission of the United States
government.

*Prohibited Person is anyone on the U.S. Commerce Department's Denied Persons,
Entity, or Unverified Lists, the U.S. Treasury Department's list of Specially
Designated Nationals and Consolidated Sanctions list, anyone sanctioned by the
Office of Financial Sanctions Implementation (“OFSI”) of the HM Treasury
or anyone sanctioned by the Council of the European Union and administered by
the designated authorities within each Member State.

These Terms shall be governed by the laws of the state of Delaware and the United
States, without regard to any conflict of law provisions. Notwithstanding this,
if you are a consumer with your habitual residence in a Member State of the
European Union or in the United Kingdom, the protection of the mandatory provisions
of the law (including consumer protection law) of the state in which you have
your habitual residence is not excluded.

You and Postman agree to submit to the exclusive jurisdiction of the state and
federal courts located in the state of Delaware to resolve any dispute arising
out of these Terms or the use of the Services.

The obligations in Sections 3.5.2, 4, 5, 6, 7, 8, 10, 11, 12, and 14 will survive
any expiration or termination of these Terms.